FAQ: The impact of the NTA memo
Hello Rajiv Sir,
Thank you very much for your time.
Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years.
1) can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?
If 10 year GC renewal is denied but I have 1 year GC stamped on my passport while my application was pending with uscis, will that stamp will still be valid after a GC denial.
If situation arises, Can I keep working if gc renewal is denied and I have 1 yr GC stamp which is valid on my passport and while I am waiting for NTA?
If my 10 yr GC is denied when do I go out of status when my 1 year stamp on passport expires ( which was based on pending Gc renewal application) or when I received denial notification.
2) For I 90 form application ( green card renewal) as far as I know I don’t need to submit minor traffic tickets documentation but under new USCIS policy do I also need to send copy of non criminal ( minor) traffic ticket which is paid on time along with my GC renewal application. Also is it recommended to also send all 10 year tax document.
3) what extra document submission is recommended for 10 year green card renewal application in order to avoid any problem with denial or NTA. How extensive should be the documentation for filing i90 form should be under new deportation and denial policy 2018.
Thank you!
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I have H1B extension pending (I-94 expired) and at the same time, we have applied for H-4 + EAD (Spouse's I-140 approval), but applied H-4 and EAD with a future start date i.e. H1B Extension is requested till 11/21/18 (Max out) while H4+EAD Start Date requested 11/11/18.
So it's clear that denial of H-1B extension now, would also deny H-4/EAD and create a gap (prone to NTA?) since the I-94 Expiry on 30Jun2018 until the day we get denial notice or so.
In this situation, considering new NTA Memo last week PM-602-0050.1, would I need to Depart US without awaiting NTA copy, and forgive H-4 + EAD (i.e. its as good as voided/moot since longer processing times).
Also, will I be barred from re-entry in future (Ex. on H-4 visa stamping with Spouse's H1)?
Please let me know.
Thanks!
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Dear Rajiv & team,
Here is my background:
I had to enroll in second masters and CPT as I became ineligible for OPT extension due to the loss of my university's accreditation.
CPT exceeded 12 months by May 2018. My H1 got picked this year. Case status still shows as "Case was received"
What are the chances to have a successful COS from F1 to H1 in case my case gets approved or not receive NTA in case of denial? Do you think the new rule changes impact me?
Considering my situation, please advise me on what should be my next plan of action if you think I'm in a jeopardy.
Thanks in advance.